TINJAUAN HUKUM ISL AM TERHADAP PEMENUHAN HAK-HAK ANAK PASCA PERCERAIAN ORANG TUA (Studi Didesa Budi Aji, Kecamatan Simpang Pematang, Kabupaten Mesuji)

Abstrak

Divorce in Budi Aji Village often causes excesses in the problem of fulfilling children's rights after their parents' divorce. There are many main obstacles that cause the neglect of the fulfillment of children's rights. One of them is the parental negligence factor, so that many children of divorce victims are entrusted with or transferred to their closest relatives, whether grandparents or grandparents. In addition, the impact caused by not fulfilling children's rights can be seen from the child's everyday psychology, whether it's inferiority, lack of interaction, decreased performance and so on. The problems in this thesis are first, how is the review of Islamic law towards the fulfillment of children's rights after the divorce of parents in Budi Aji Village, Simpang Pematang District, Mesuji Regency? Second, what obstacles did parents experience in fulfilling children's rights post-divorce in Budi Aji Village, Simpang Pematang District, Mesuji Regency?

This research includes field research. The data source uses primary data sources, namely the results of interviews with 13 people from the people of Budi Aji Village, Simpang Pematang District, Mesuji Regency, then supported by secondary data. Data processing through editing, coding, reconstructing, and data systematization. Then the data were analyzed qualitatively with inductive thinking methods. Divorce of parents in Islam does not necessarily stop parents' obligations in carrying out their responsibilities to children. So hadhanah in Islamic law is mandatory. As for the executors of hadhanah in fiqh, the priority is given to the mother and the mother's family. Parents' obstacles in fulfilling their children's rights are motivated by factors of negligence, parents' economic limitations, parents' low education and lack of awareness of being parents. If these obstacles occur or intentionally and neglect their children, the obligations and responsibilities of parents can shift to the family, which is carried out in accordance with the provisions of the regulations, applicable Islamic law. This is in line with maslahah al-mursalah which is a good thing (jalbul masalih aumanfa'ah) or avoiding evil (dar'ul mafasid) for humans. Because the fulfillment of children's rights by parents in fulfilling their children's rights so far is still far from being compatible to guarantee the fulfillment of children's rights so that they can live, grow, develop and participate optimally in accordance with human dignity and dignity, and receive protection from violence and discrimination.